What can I do if my employer has not paid for the time I worked?

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What can I do if my employer has not paid for the time I worked?

I have not gotten a paycheck for this month. They tell me that they are waiting for a check to clear. However, they never have enough money in the bank. What can I do about this?

Asked on February 26, 2012 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The employer has to pay you for all work done. If they do not, you have two options:

1) You can try contracting your state labor department, filing a complaint, and seeing if they will take action on your behalf.

2) You can sue the employer for the money, including possibly suing in small claims court, where you can act as your own attorney.

Note that often in cases like this, one or more of  the following is occuring:

a) The employer is failing financially;

b) Someone (e.g. an owner) is diverting or embezzling funds.

If either of those is occuring, the longer you wait to act, the greater the chance there will be no money left to recover, the company will close its doors, the company will file bankruptcy, etc. Therefore, you should  probably not delay in taking action.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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